State judge blocks Virginia assault weapons ban days before taking effect News
State judge blocks Virginia assault weapons ban days before taking effect

A Virginia judge issued a preliminary injunction Thursday that bars the Virginia State Police from enforcing a newly passed assault weapons ban, halting the law six days before it was set to take effect.

Lancaster County Circuit Court Judge John Martin ruled in favor of the plaintiffs’ motion for an injunction on the law in Crump v. Katz. The case was brought by gun rights activist John Crump and several gun rights organizations against Virginia State Police Superintendent Colonel Jeffery Katz. Judge Martin found that Senate Bill 749 likely conflicts with Article I, Section 13 of the Virginia Constitution, which protects the right of Virginians to keep and bear arms. The injunction runs through December 31, 2026, or until a final order is issued.

Attorney General Jay Jones said that the commonwealth would move immediately to challenge the ruling. “This ruling is disappointing and puts our communities at risk,” Jones said. “We will continue to vigorously defend Virginia’s assault weapons ban…and uphold the laws designed to keep Virginians safe.”

The plaintiffs argued in their memorandum that the banned firearms, including AR-15-style rifles and standard capacity magazines, are in common use across the country and therefore cannot be prohibited under the framework established by the US Supreme Court for interpreting the rights to keep and bear arms.

Governor Abigail Spanberger signed Senate Bill 749 into law in May. The legislation makes it a Class 1 misdemeanor to sell, purchase, import, manufacture or transfer assault weapons in Virginia, and it includes a separate restriction on magazines capable of holding more than 15 rounds.